Wilkerson v. Paul H. Schwendener, Inc.

PRESIDING JUSTICE CAHILL

delivered the opinion of the court:

Plaintiff John Wilkerson appeals a trial court order granting summary judgment to defendant Paul H. Schwendener, Inc., on his complaint to recover from a construction site injury. Plaintiff maintains genuine issues of material fact exist with regard to whether: (1) defendant retained enough control over plaintiffs work to trigger a duty under section 414 of the Restatement (Second) of Torts (Restatement (Second) of Torts §414 (1965)); and (2) defendant knew of the dangerous condition that caused plaintiffs injury, triggering liability…